Forestry Administrative Licensing Law Legal Issues Concerning Research

In order to complete the longitudinal topic of our institute To construct "the Biodiversity Law Mechanism of Lanchan River-Mekong River Basin ", the task group went to Simao area, Xishuangbanna , and Linchang area to field survey .From the discussion with the local court, the procuratorate , and the forest public , we can draw a conclusion that the phenomenon of sending the license excessively is serious at present in our country , and in the present forest protection system .administrative licenses very nonstandard. This reflected the present legislation is not comprehensive, and the forestry administrative license system is not perfect, also explained our country lacks the effective means of cutting forest and the legality supervision system. Currently many scholars and experts all extremely pay attention to perfect forestry administration system, and proposed some revision opinions. Specially Administrative License Law promulgated in 2004, has caused our country academic circles and the theorists widespread ponder. The principles, the systems and the rules of Administrative License Law have the significant influence to our country's forest resources and the forestry administration, and have the extremely significant significance to governs the outre right according to law in the forestry administration, and to protect and use reasonably forest resources. In many foreign countries, the present forestry administration system is more perfect and the forestry administrative license has many the scientist effective legal rules. Therefore the related overseas some research results, the relative consummation forest administration countermeasure, and feasible legal rules, are worth researching and studying with our country actual situation reference model. This article made a shallow discussion about How does deal with the relations which the forest protection and the forest cut, and how to perfect forestry administrative license, in order to make a beneficialattempt for improving the legal system of our country forestry administrative license.From the angle of relevant legal issue of the Forest Administrative License System, in according with the methods of comparison, positivism, reference and the analysis of combining theory with practice, exposition the perfections of Forest Administrative License System in a systematic way. The article divides into six parts. The first main tell about the status in quo of legal of the Forest Administrative License System, introducing the status in quo of foreign forest manage, forest laws, the status in quo of legal of our Forest Administrative License System and the issue existent. The second main tell about a legal system of perfecting correlative entity of Forest Administrative License, mostly, discussing conceiving of Forest Administrative synthesized execute the law authority. The third tell about a legal system of perfecting correlative entity of Forest Administrative License, mostly. The forth tell about strengthening main legal duty of Forest Administrative License, including administrative duty and criminal duty. The fifth tell about strengthening almsgiving avenue of our Forest Administrative License mostly expatiating on three kings of almsgiving avenue, including remark on Administrative discuss, Administrative lawsuit and Administrative compensating. The sixth tell about intensifying intendance for Forest Administrative License, launching on interior intendance and exterior intendance.